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Nebraska's highest court lifted one of the last major hurdles for the Keystone XL pipeline Friday when it rejected another attempt to derail the project by opponents who wanted to force the developer to reapply for state approval.

Nebraska Supreme Court upholds PSC decision on Keystone XL route

Nebraska's highest court lifted one of the last major hurdles for the Keystone XL pipeline Friday when it rejected another attempt to derail the project by opponents who wanted to force the developer to reapply for state approval.

Nebraska's highest court lifted one of the last major hurdles for the Keystone XL pipeline in the state Friday when it rejected another attempt to derail the project by opponents who wanted to force the developer to reapply for state approval.

The Nebraska Supreme Court upheld the decision of state regulators who voted in November 2017 to greenlight a route through the state. The court's decision was a victory for the $8 billion project, which has been mired in lawsuits and regulatory hearings since it was proposed in 2008.

Despite the victory for Canada-based TC Energy, opponents vowed Friday that the legal fight to block construction was far from over, noting several pending federal lawsuits.

"The risky pipeline project's fate is still very much in doubt, as three separate federal lawsuits continue to proceed that challenge the controversial project's permits," leading pipeline opposition group Bold Alliance said in a statement.

Friday's ruling stemmed from the Nebraska Public Service Commission's 3-2 vote nearly two years ago in favor of an "alternative route" for the project instead of TC Energy's preferred pathway. Opponents filed a lawsuit, arguing the company didn't follow all the required procedures for the alternative route, in violation of state law.

Attorneys for the opponents argued that TC Energy's application with the commission was valid only for its preferred route, and the company formerly known as TransCanada could seek approval only for one route at a time. Nebraska state attorneys disputed that claim, saying that the commission's decision complied with the law and was in the public's interest.

The high court Friday sided with the state, saying the Public Service Commission is the agency responsible for determining which pipeline route is in the public interest, and that it did so after months of consideration.

"We find there is sufficient evidence to support the PSC's determination that the (alternative route) is in the public interest," Justice Jeffrey Funke wrote for the court.

An attorney for the opponents said they were weighing their legal options, including a possible federal lawsuit challenging the route the PSC approved.

"Now that the Supreme Court has gone ahead and affirmed approval of a route that was never applied for, that should trigger an analysis of these new 83 miles for which no evidence was adduced and no federal or state studies have ever been conducted," Omaha attorney Brian Jorde said.

Nebraska Gov. Pete Ricketts, a Republican and longtime supporter of the project, issued a statement saying it's "time to build the pipeline" and that doing so would bring jobs and tax revenue to the state — an assertion opponents repudiate.

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If completed, the pipeline would carry oil from Canada through Montana, South Dakota and Nebraska, where it would connect to an existing pump station in Steele City, Nebraska. From there it would continue through Kansas, Oklahoma and Texas until it reaches Gulf Coast refineries. Business groups and some unions support the project as a way to create jobs and reduce the risk of shipping oil by trains that can derail.

The pipeline faces intense resistance from environmental groups, Native American tribes and some landowners along the route who worry about its long-term impact on their groundwater and property rights. But in Nebraska, many affected landowners have accepted the project and are eager to collect payments from the company.

The Nebraska legislature and a Democratic President can fix the very bad ruling coming out of the Nebraska Supreme Court. At some point in our country’s history, property rights of farmers and sovereign rights of Tribal Nations should trump big oil’s land grab. #NOKXLpic.twitter.com/rexIZw9zuS

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President Barack Obama's administration studied the project for years before finally rejecting it in 2015 because of concerns about carbon pollution. President Donald Trump reversed that decision in March 2017. Federal approval was required because the route crosses an international border.

Bold Alliance President Jane Kleeb called on the Nebraska Legislature to intervene, saying the property rights of farmers and sovereign rights of Native American tribes "should trump Big Oil's land grab."

The chairman of the Ponca Tribe of Nebraska, Larry Wright Jr., said the ruling disregarded the potential destruction of the tribe's cultural resources.

Instead of signing off on TransCanada's 275-mile preferred route, the Public Service Commission opted for a second, slightly longer route known as the "mainline alternative."

TC Energy issued a news release describing the ruling as an "important step as we advance" toward building the pipeline, but spokeswoman Robynn Tysver could not immediately say whether the ruling would promptly open up the project to construction.

Photos: The Keystone XL pipeline saga

Danny Ruthenberg-Marshall, Lindsey Halvorson

Danny Ruthenberg-Marshall, left, with 350 DC, and Lindsey Halvorson, 20, a student at American University, gather up signs Feb. 24, 2015, after attending a demonstration outside the White House in support of President Barack Obama vetoing the Keystone XL oil pipeline.

In Washington, D.C., in April 2014, rock star Neil Young (third from left) joins the protest of the Keystone XL pipeline, with Nebraska ranchers and farmers Diana Steskal (second from left) of Atkinson; Art Tanderup (center) of Neligh; and Mike Blocher (third from right) of Antelope County; and Bryan Brewer (second from right), president of the Oglala Sioux Tribe in Pine Ridge, S.D.; and Chief Horse Looking (far right) of Rosebud, S.D.

MIKE THEILER/For the Lincoln Journal Star

Governor's papers

Ron Bouska and Bold Nebraska founder Jane Kleeb examine maps related to the proposed Keystone XL pipeline as they and others combed through the collection of Gov. Dave Heineman's papers on Aug. 25, 2015, at the Nebraska State Historical Library and Museum.

ERIC GREGORY/Lincoln Journal Star

Anti Pipeline Concert

Spectators attend the "Harvest the Hope" concert in Neligh, headlining Neil Young and Willie Nelson, on Sept. 27, 2014. The concert was organized to raise money for efforts to oppose the Keystone XL pipeline.

Keystone plaintiffs

Lead plaintiffs Susan and Bill Dunavan stand with Bold Nebraska's Jane Kleeb (right) in a courtroom in York in February 2015.

ERIC GREGORY/Lincoln Journal Star file photo

Keystone XL arrest

Nebraska cattleman Randy Thompson (right) is arrested in February 2013 at a Keystone XL pipeline protest.

Courtesy photo/Mary Anne Andrei

Anti-pipline group challenges Keystone eminent domain

A group of people fighting the Keystone XL pipeline posed for a photo July 27, 2015, outside ,the Holt County Courthouse.

Bold Nebraska

Keystone XL hearing

Omaha attorney Dave Domina addresses York County District Court Judge Mary Gilbride during a Feb. 26, 2015, hearing before she granted a temporary injunction pausing TransCanada's condemnation proceedings against landowners in the path of the Keystone XL pipeline.

ERIC GREGORY/Lincoln Journal Star

Keystone XL

Susan Dunavan (left), Suz Straka and Randy Thompson outside the Nebraska Supreme Courtroom on Sept. 5, 2014. They are the landowners who filed the lawsuit against the pipeline bill being considered.

LJS file photo

Keystone Pipeline Opposition

“I don’t even feel like I live in the United States any more,” farmer and cattleman Terry Van Housen said, after pipeline company TransCanada filed eminent domain proceedings to get remaining easements it needs to build the Keystone XL pipeline. Van Housen's land outside of Stromsburg is part of the planned route.

KRISTIN STREFF/Lincoln Journal Star file photo

Ponca corn

The Cowboy Indian Alliance has planted sacred Ponca corn in an effort to halt construction of the Keystone XL pipeline near Neligh.

Mark Hefflinger/Bold Nebraska

Willie Nelson, Neil Young

Willie Nelson and Neil Young laugh after performing the folk song "This Land is Your Land" during the Bold Nebraska Harvest the Hope concert on Sept. 27, 2014. The event was held on a farm directly on the proposed route of the Keystone XL pipeline, which also crosses the historic Ponca Tribe Trail of Tears.

MATT RYERSON/Lincoln Journal Star file photo

TransCanada Steele City pumping station

Glen Rempe (on platform), a TransCanada pipeline technician, explains the function of the Steele City pumping station for the Keystone XL pipeline to a tour group in September 2014.

GWYNETH ROBERTS/Lincoln Journal Star file photo

Keystone XL

At right, Ken Winston of the Sierra Club claps Sept. 4, 2014, after attorney Dave Domina spoke at the news conference opposing the Keystone XL pipeline.

LJS file photo

Climate march

Marchers trekking across the country from Los Angeles to Washington, D.C., on the Great March for Climate Action reached the wind- and solar-powered barn in July 2014 built by Bold Nebraska in the path of the Keystone XL pipeline on Saturday.

Keystone pipeline protest

People walk among teepees set up on the National Mall in Washington, D.C., on April 21, 2014. The Cowboy and Indian Alliance, a group of ranchers, farmers and indigenous leaders, hosted the encampment all week to protest the Keystone XL tar sands pipeline.

AP file photo

Opponents carve anti-pipeline message into field

This huge crop art image, pictured in April 2014, lies on the proposed route of the Keystone XL pipeline.

Courtesy photo/Lou Dematteis

Keystone XL Pipeline Protest

Demonstrators who strapped themselves to the White House fence in March 2014 chant during a protest against the proposed Keystone XL pipeline.

Keystone XL pipeline protest

Keystone XL pipeline opponents

Randy Thompson (right) addresses a collection of pipeline opponents March 12, 2013, at a meeting at Thompson's home in Martell.

AP file photo

Stephen Harper

Canadian Prime Minister Stephen Harper takes part in a discussion with the Canadian American Business Council in New York, Thursday, Sept. 26, 2013. Harper said he "won't take no for an answer" if the Obama administration rejects the controversial Keystone XL pipeline to the U.S. Gulf Coast.

AP Photo/The Canadian Press file photo

Oil Pipeline-Delay

Ambient light and noise from the Keystone XL pipeline could harm national resources, wildlife and visitors to parks, including the Niobrara National Scenic River in northern Nebraska, pictured here in 2010, the Interior Department says.

Keystone XL route security

State Department officials

Teresa Hobgood (top left), presiding official from the U.S. State Department, and assistant presiding official Patrick Hudak listen to a pipeline opponent speak during the State Department-sponsored hearings on the proposed Keystone XL pipeline April 18 at the Heartland Events Center in Grand Island.

MATT RYERSON/Lincoln Journal Star file photo

Roma Amundson

Keystone XL pipeline supporter Roma Amundson of Lincoln speaks during the U.S. State Department-sponsored hearings on the project Thursday, April 18, 2013, at the Heartland Events Center in Grand Island.

MATT RYERSON/Lincoln Journal Star file photo

Pipeline fight

Pipeline opponents raise their arm bands to silently speak out against a person speaking during the U.S. State Department-sponsored hearings on the proposed Keystone XL pipeline Thursday, April 18, 2013, at the Heartland Events Center in Grand Island.

MATT RYERSON/Lincoln Journal Star file photo

Keystone 172

Several thousand people gathered on the National Mall for the "Forward on Climate" rally in Washington, D.C., on Feb. 17, 2013, to oppose the Keystone XL pipeline and demonstrate for other causes.

Nebraska protesters

Julian Bond, Michael Brune

Civil rights protester Julian Bond, left, and Sierra Club Executive Director Michael Brune, second from left, gather with activists in front of the White House in Washington, Wednesday, Feb. 13, 2013, as prominent environmental leaders tied themselves to the White House gate to protest the Keystone XL oil pipeline.

AP file photo

Darryl Hannah

Actress Daryl Hannah is arrested outside the White House in Washington, Wednesday, Feb. 13, 2013, as prominent environmental leaders tied themselves to the White House gate to protest the Keystone XL oil pipeline.

AP file photo

Native, pipeline protest

Protesters from Idle No More, a Native social justice movement, and Bold Nebraska join together in a round dance at the Capitol on Monday Jan. 28, 2013, at the conclusion of a demonstration. They were protesting Gov. Dave Heineman's decision to approve a route for the Keystone XL pipeline through Nebraska and showing support for indigenous rights.

ERIC GREGORY/Lincoln Journal Star file photo

Keystone XL Pipeline

Workers use heavy machinery to install sections of the Keystone XL pipeline south of Cushing, Okla., Jan. 15, 2013.

PAUL HELLSTERN/The Oklahoman file photo

Pipeline grinch

The "Grinch" showed up outside the Governor's residence Monday, Dec. 24, 2012, to urge him to reject the proposed Keystone XL pipeline route.

Pipeline walker

Framed in a side-view mirror, Rick Hammond (left) of Clarks and Ken Ilgunas of Niagara Falls, N.Y., walk along a gravel road west of McCool Junction on the chilly morning of Dec. 11, 2012.

FRANCIS GARDLER/Journal Star file photo

Albion hearing

A standing-room-only crowd filled the public hearing area to give testimony or listen to the comments both for and against the Keystone XL pipeline on Tuesday, Dec. 4, 2012, at the Boone County Fairgrounds.

FRANCIS GARDLER/Lincoln Journal Star file photo

Albion hearing

Ogalala Lakota Nation vice president Tom Poor Bear of Wanblee, S.D., gives testimony on the Keystone XL pipeline during a public hearing on Tuesday, Dec. 4, 2012, at the Boone County Fairgrounds. Poor Bear was one of 164 people who signed up to speak at the public hearing.

FRANCIS GARDLER/Lincoln Journal Star file photo

Pipeline special session

Speaker Mike Flood of Norfolk announces that TransCanada has agreed to voluntarily move the Keystone XL pipeline project away from the Sandhills on the floor of the Legislature in November 2011.

ERIC GREGORY/Lincoln Journal Star file photo

Pipeline protest Nov. 12

A crowd gathers in Lincoln's Cooper Park on Saturday, Nov. 12, 2011, to rally against the Keystone XL pipeline.

Keystone XL meeting

Alex Pourbaix, president of TransCanada Corp.'s energy and oil pipelines, speaks to reporters in Norfolk on Tuesday, Oct. 11, 2011. Pourbaix met with state senators including Chris Langemeier (second from left), Speaker Mike Flood and Annette Dubas to discuss the proposed route of the Keystone XL pipeline through the state.

Pipeline Meeting

Four state senators and two TransCanada representatives met for four hours in October 2011 in Norfolk to discuss issues and share information about the proposed Keystone XL pipeline. Shown here (clockwise from top) are Sen. Mike Flood of Norfolk, Sen. Chris Langemeier of Schuyler, Sen. Annette Dubas of Fullerton, Sen. Kate Sullivan of Cedar Rapids (back to camera), Robert Jones, a TransCanada vice president, and Alex Pourbaix, TransCanada president of energy and oil pipelines.

Norfolk Daily News file photo

Keystone XL pipeline public meeting

Opponents and supporters attend the U.S. State Department's public hearing on TransCanada's Keystone XL pipeline project at Lincoln's Pershing Center in 2011.

ERIC GREGORY/Lincoln Journal Star file photo

Keystone XL pipeline public meeting

Cody Butler from Fremont and Matthew Theis from Lincoln bring their own brand of protest to the street outside the Pershing Center in advance of a public meeting on the TransCanada Keystone XL pipeline project in 2011.

ERIC GREGORY/Lincoln Journal Star file photo

Keystone XL pipeline

One of two tractor-trailers parked outside Pershing Center on Monday, Sept., 26, 2011, displays support for TransCanada and construction of the Keystone XL pipeline.

TED KIRK/Lincoln Journal Star file photo

Keystone XL pipeline protest

Wearing T-shirts in support of Nebraska farmer Randy Thompson, protesters (left to right) Jane Wilson of Omaha, Lori Fischer of Shelby, Nancy Packard of Lincoln and Mark Wolberg of Lincoln gather outside the White House on Aug. 22, 2011. Members of Bold Nebraska, a group founded by Jane Kleeb, were among the main opponents of the proposal to run the Keystond XL pipeline through the Nebraska Sandhills.

Stand with Randy

Poster of Randy Thompson in the window of Meadowlark Coffee & Espresso, Monday, Aug. 1, 2011. Thompson is a landowner in Merrick County, Nebraska, who wants to stop the Keystone XL pipeline.

TED KIRK/Lincoln Journal Star file photo

Pipeline Protest Montana

Protesters climb the flagpoles outside of the Capitol in Helena, Mont., Tuesday, July 12, 2011 to hang a sign. Montana Gov. Brian Schweitzer met with roughly 70 pipeline protesters who occupied his office Tuesday and demanded he renounce his support for the Keystone XL Pipeline.